Digital Commons Network^™

Prisons, Poverty And Power, Daria Roithmayr

Publications

No abstract provided.

Google, Gadgets, And Guilt: Juror Misconduct In The Digital Age, Thaddeus Hoffmeister

University of Colorado Law Review

This Article begins by examining the traditional reasons for juror research. The Article then discusses how the Digital Age has created new rationales for juror research while simultaneously affording jurors greater opportunities to conduct such research. Next, the Article examines how technology has also altered juror-to-juror communications and juror-to-non-juror communications. Part I concludes by analyzing the reasons jurors violate court rules about discussing the case. In Part II, the Article explores possible steps to limit the negative impact of the Digital Age on juror research and communications. While no single solution or panacea exists for these problems, this Article focuses …

Different Names For The Same Thing: Domestic Homicides And Dowry Deaths In The Western Media, Jennifer Parker

University of Colorado Law Review

Domestic violence is a global phenomenon that knows no geographic or cultural bounds. Whether they are shot, poisoned, stabbed, or burned, women across the world are dying at the hands of their male partners. Nevertheless, the Western media's portrayal of dowry deaths in India illustrates American society's failure to, or refusal to, connect dowry deaths to the parallel domestic homicides committed in the United States every day. From a postcolonial feminist standpoint, this Note argues that this disjunction is neither accidental nor inconsequential but rather reinforces the United States' hegemonic self-perception as a society in which women's liberation has been …

Reading Over Your Shoulder: Social Readers And Privacy Law, Margot Kaminski

Publications

No abstract provided.

The Water Marketing Solution, Mark Squillace

Publications

No abstract provided.

Understanding The United States' Incarceration Rate, William T. Pizzi

Publications

What has caused prison sentences to climb so sharply and consistently in the last four decades?

Secrets, Lies, And Disclosure, Helen Norton

Publications

This symposium essay suggests that we can sometimes understand those who resist campaign disclosure or disclaimer requirements as interested in keeping a secret and occasionally even in telling a sort of lie about the source or intensity of support for a particular candidate or cause. Such secrets and lies threaten listeners’ autonomy interests when the speaker seeks to keep such secrets (and sometimes seeks to tell such lies) to enhance her ability to influence her listeners’ decisions. For these reasons, I suggest greater attention to the reasons speakers seek to keep secrets (or occasionally tell such lies) in assessing the …

Partiality And Disclosure In Supreme Court Opinions, Robert F. Nagel

Publications

This Essay begins by identifying the various kinds of partiality the Justices of the Supreme Court can have in the cases they decide. Although there is widespread recognition of the influence these biases might have, for the most part the Justices continue to write opinions as if they (and other judges) were entirely disinterested. This practice is often thought to be justified as a source of judicial legitimacy, but there are a number of reasons to doubt that a pretense of impersonality is actually important for maintaining respect for the Court. Consequently, the possibility has to be considered that the …

A Shift To Narrativity, Derek H. Kiernan-Johnson

Publications

Slipshod, inconsistent use of core Applied Legal Storytelling terminology muddles its discourse and hampers its growth. Refining the field’s vocabulary is essential, but insufficient, as exclusive focus on the field’s objects of inquiry, such as story and narrative, and the means of creating or conveying them, such as storytelling and narrating, risks losing the “A” in ALS. We need a new focus, one unburdened by the ambiguities and negative associations of existing options that more accurately reflects Applied Legal Storytelling scholars’ unique contributions. A shift to narrativity. Narrativity, as imagined here, is a top-level quality of a legal text or …

From Tiger Mom To Panda Parent, Peter H. Huang

Publications

This response to Yale Law Professor Amy Chua’s book, Battle Hymn of the Tiger Mother, complements a much longer and related article that is also in part a response to Chua’s book: Tiger Cub Strikes Back: Memoirs of an Ex-Child Prodigy About Legal Education and Parenting, 1 British Journal of American Legal Studies 297 (2012). This brief essay discusses the cultural differences between Chinese and Western views about education, learning, and parenting. This editorial draws on research in social psychology to analyze the stereotype of Asians and Asian Americans as being competent yet unsociable. Finally, this reflection draws …

Tax Neutrality And Tax Amenities, David Hasen

Publications

Efforts to identify and implement an appropriate tax neutrality benchmark have been persistent themes in scholarly and policy debates on international taxation for fifty years. This paper questions whether the concept of tax neutrality has been adequately specified for analyzing the efficiency properties of international tax systems. As distinct from the closed-economy setting, in the open-economy setting, neither tax revenues received nor the burdens that tax revenues pay for may be taken as fixed. Because tax revenues finance infrastructure and other productivity-enhancing goods - so-called "tax amenities" - and because capital burdens infrastructure, the reallocation of tax revenues among jurisdictions …

Tiger Cub Strikes Back: Memoirs Of An Ex-Child Prodigy About Legal Education And Parenting, Peter H. Huang

Publications

I am a Chinese American who at 14 enrolled at Princeton and at 17 began my applied mathematics Ph.D. at Harvard. I was a first-year law student at the University of Chicago before transferring to Stanford, preferring the latter's pedagogical culture. This Article offers a complementary account to Amy Chua's parenting memoir. The Article discusses how mainstream legal education and tiger parenting are similar and how they can be improved by fostering life-long learning about character strengths, emotions, and ethics. I also recount how a senior professor at the University of Pennsylvania law school claimed to have gamed the U.S. …

A "Neo-Feminist" Assessment Of Rape And Domestic Violence Law Reform, Aya Gruber

Publications

No abstract provided.

The Crisis Of The American Law School, Paul Campos

Publications

The economist Herbert Stein once remarked that if something cannot go on forever, it will stop. Over the past four decades, the cost of legal education in America has seemed to belie this aphorism: it has gone up relentlessly. Private law school tuition increased by a factor of four in real, inflation-adjusted terms between 1971 and 2011, while resident tuition at public law schools has nearly quadrupled in real terms over just the past two decades. Meanwhile, for more than thirty years, the percentage of the American economy devoted to legal services has been shrinking. In 1978 the legal sector …

Internet Governance: The Role Of Multistakeholder Organizations, Joe Waz, Phil Weiser

Publications

With the increasing international focus on the future of the ITU and its role (or lack thereof) in Internet governance, there is greater attention being paid to the fact that much of the 'governance' of the Internet is in fact carried out by so-called 'multistakeholder ('MSH') organizations.' Over the last two decades, these entities have largely established the norms and standards for the global Internet, but they are little known to the general public and even to most regulators and legislators. Indeed, most governments do not understand the essential role of MSH organizations. Consequently, to develop an effective Internet governance …

The Digital Collections At Colorado Law, Robert M. Linz

Publications

No abstract provided.

Made In The U.S.A.: Corporate Responsibility And Collective Identity In The American Automotive Industry, Benjamin Levin

Publications

This Article challenges the corporate-constructed image of American business and industry. By focusing on the automotive industry and particularly on the tenuous relationship between the rhetoric of automotive industry advertising and doctrinal corporate law, this Article examines the ways that social and legal actors understand what it means for a corporation or its products to be American. In a global economy, what does it mean for a corporation to present the impression of national citizenship? Considering the recent bailout of American automotive corporations, the automotive industry today becomes a powerful vehicle for problematizing the conflicted public/private nature of the corporate …

On The Extraction Of Volatiles From Lunar Regolith Using Solar Power, Jorge Alberto Frias

Open Access Theses & Dissertations

Recent lunar missions have confirmed the presence of water and miscellaneous volatiles within the craters of the Moon's South Pole. If harvested, these resources have the potential to provide an incredible budget saving to the human space exploration program by dropping the total mass that astronauts need to carry from the Earth. The area that develops these technologies is called In-Situ Resource Utilization (ISRU). ISRU allows reducing the payload, and consequently reduces the energy consumption and cost of space exploration. The present thesis investigates methods for the extraction of volatiles from regolith within the shadowed craters of the Moon using …

Modeling Large-Truck Involved Crashes: An Econometric Modeling Framework, Mouyid Islam

Open Access Theses & Dissertations

This research aims to analyze large-truck involved crashes (i.e., having a gross vehicle weight rating more than 10,000 pounds) through the application of advanced econometric modeling techniques--namely, random parameter models (i.e., tobit regression, mixed logit). To achieve this, various national and state specific data sets are analyzed with the goal to provide an improved understanding of the complex interactions of contributing factors (e.g., factors related to drivers and occupants, vehicle, and road-environment) influencing large-truck crashes. Additionally, the modeling techniques considered in this research account for possible unobserved effects related to the data. The aforementioned econometric techniques provide an analytical foundation …

How Milk Does The World Good: Vernacular Sustainability And Alternative Food Systems In Post-Socialist Europe, Diana Mincyte

Publications and Research

Scholarly debates on sustainable consumption have generally overlooked alternative agro-food networks in the economies outside of Western Europe and North America. Building on practice-based theories, this article focuses on informal raw milk markets in post-socialist Lithuania to examine how such alternative systems emerge and operate in the changing political, social, and economic contexts. It makes two contributions to the scholarship on sustainable consumption. In considering semi-subsistence practices and poverty-driven consumption, this article argues for a richer, more critical, and inclusive theory of sustainability that takes into consideration vernacular forms of exchange and approaches poor consumers as subjects of global history. …

An Investigation On Cocombustion Behaviors Of Hydrothermally Treated Municipal Solid Waste With Coal Using A Drop-Tube Reactor, Liang Lu, Yuqi Jin, Masato R. Nakamura, Marco J. Castaldi, Kunio Yoshikawa

Publications and Research

This work aims at demonstrating the feasibility of replacing Indonesian coal (INC) with hydrothermally treated municipal solid waste (MSWH) in cocombustion with high ash Indian coal (IC). The combustion efficiencies and emissions (CO, NO) of MSWH, INC and their blends with IC for a series of tests performed under a range of temperatures and air conditions were tested in a drop- tube reactor (DTR). The results showed the following. The combustion efficiency of IC was increased by blending both MSWH and INC and CO emission was reduced with increasing temperature. For NO emission, the blending of MSWH led to the …

Porfirismo During The Mexican Revolution: Exile And The Politics Of Representation, 1910-1920, Nancy Alexandra Aguirre

Open Access Theses & Dissertations

This work broadens the narrative of the Mexican Revolution (1910-1920) by incorporating the perspective of the supporters of dictators Porfirio Dí­az and Victoriano Huerta. I focus specifically on urban professional "Porfiristas," examining the changes and continuities in their identity over the course of the revolution. Identity formation is the central theme of this study, and I rely on memoirs, newspapers, government documents, and oral history interviews in order to analyze the motivations of Porfiristas as they fought to sustain their worldview during a decade of global conflict.

My study draws upon the frameworks of post-colonialism, feminist theory, cultural studies, migration/diaspora …

Parasocial Interaction Between Latino Newscasters And Their Viewers: A Cultural Pluralism Perspective, Laura A. Alvardo

Open Access Theses & Dissertations

Latino identity is in a hybrid state that is continuously evolving to include many factors. Latinos no longer feel the need to assimilate and renounce their cultural identity. Multiculturalism proposes the maintenance of Latino identity to include many variables. A Latino today can maintain their identity as well as include many factors to compose a multi-faceted identity. Therefore, a Latino today can listen to both Spanish-language and English- language radio programs. The present study investigates parasocial interaction between Latino respondents and Latino/White newscasters. Parasocial interaction serves as a medium to study the strength of ethnic identification in Latinos. This study …

Combustion And Compaction Of Lunar Regolith/Magnesium Mixtures, Armando Delgado

Open Access Theses & Dissertations

Feasible techniques that require low energy consumption and reduced costs are of vital importance to enable humans to explore and occupy space. In-Situ Resource Utilization (ISRU) is the branch in the Human Exploration Technology that studies the production of consumables and materials using indigenous lunar and planetary resources. ISRU represents an enabling opportunity for establishing long lasting human exploration missions. Construction materials produced in-situ are of special interest because of the high payload they represent when launching them from Earth. The in-situ production of construction materials that requires low energy input would be advantageous due to the limited energy in …

Three-Dimensional Deformation And Stress Models Of The Death Valley And San Andreas Fault Zones, Cecilia Del Pardo

Open Access Theses & Dissertations

Crustal deformation studies of tectonic motions have been the topic of many scientific investigations, as they can provide critical information about how tectonic structures shape and deform the Earth. While crustal deformation studies using observational data alone can provide a great deal of information about how the Earth is presently deforming, it is standard practice to implement mathematical and physics-based models to investigate the underlying causes of deformation in the crust. These models, constrained by geological, geodetic and seismic data, have successfully contributed key constraints of ongoing deformation processes and have provided predictions of past and future tectonic behavior of …

"The Strictest Smoking Ban In The Nation": A Retrospective Case Study Of The Political Factors That Facilitated And Inhibited The Passage Of El Paso's Clean Indoor Air Ordinance, Xochiquetzalli Gamboa

Open Access Theses & Dissertations

The purpose of this report is to describe, using archival print media sources, the factors that influenced the passage of the controversial El Paso Clean Indoor Air Ordinance in 2001. Although public health professionals had had more than 50 years of evidence proving the dangers of tobacco consumption, very few municipalities were concerned with implementing bans of any type on indoor smoking in public places ten years ago.

El Paso, TX, made national history when it introduced and approved what was then called "the strictest smoking ban in the nation" (Falgoust, 2004). How was such a progressive measure enacted in …

Pre, Peri, And Post-Migration Perspectives Of Mexican National Refugees Related To Experiences Of Violence, Migration, And Resettlement Along The Texas-Mexico Border, Jana L. Mccallister

Open Access Theses & Dissertations

For the past six years, the war on drugs in Mexico has resulted in the out-migration of tens of thousands of Mexican nationals fleeing violence, many settling in El Paso, Texas. The historical context of being pulled to the U.S. for economic opportunity had changed. Mexican nationals were now refugees pushed out of their country for safety. Because the context of migration had changed, the close proximity and similarities between El Paso, Texas and Ciudad Juárez, and the availability of social support in the U.S., the experiences of this refugee cohort were unique. Because increasing numbers were seeking mental health …

Mexican Immigrants´ Foodways In El Paso, Texas, 1880-1960s: Identity, Nationalism, And Community, Juan Manuel Mendoza Guerrero

Open Access Theses & Dissertations

Although food for Mexican immigrants in El Paso has been through history, with their differences in time, a very important element of their culture, while site that has influenced identity, sense of nation and community, academic studies for this geographic area and for this specific group, are almost nil. This dissertation aims to contribute something to fill this gap. Here, it discusses the historical changes and continuities of Mexican food from 1880 to 1960s, during which time retention, cultural assimilation, and inventive were part of the many processes experienced for Mexican immigrants in their relation with food. The most important …

Magnetic Cell Separation By Inkjet Printing For Disease Monitoring, Sylvia Lucia Natividad

Open Access Theses & Dissertations

The standard analysis technique for cell sorting, flow cytometry, requires centralized facilities such as tertiary Medical Centers. According to the U.S. Department of Health and Human Services Designated Health Professional Shortage Areas (HPSA) Statistics, in this country alone, more than 35 million people live in medically underserved areas, many of which need access to diagnostic procedures for proper management of their diseases. A cell sorting technique that can be done in low-resource settings at a decreased cost to the medical organization and the patient has been developed through this research project. By combining inkjet printing technology and magnetic labeling of …

Al-Shabaab's American Recruits: A Comparative Analysis Of Two Radicalization Pathways, Matthew Wade Richardson

Open Access Theses & Dissertations

From 2005 to 2011, at least 41 Americans joined, or attempted to join, al-Shabaab, Somalia's preeminent terrorist organization. This thesis examines the radicalization process for al-Shabaab's American recruits by dividing the sample into two groups: non-Somali and Somali. The author employs causal flow diagramming as a means of visualizing each group's unique radicalization pathway. While most of the non-Somali recruits were motivated by political grievances and Salafism, most of the Somali recruits were motivated by identity conflict and nationalism. Considering al-Shabaab is both a religious and an ethno-nationalist terrorist organization, these results make sense. Radicalization within diaspora communities is a …